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GLOBAL ELASTIC GENERAL CONTRACTING CONDITIONS
1-OBLIGATIONS PRIOR TO THE START OF THE CONTRACTING PROCEDURE
By means of this document (together with all the documents mentioned therein), the conditions governing the purchase of products and services on the GLOBAL ELASTIC website (hereinafter, the "Terms and Conditions") are established.
Please read carefully all the "Terms and Conditions" referenced in this document, accessible through the links provided for this purpose and in the footer of all sections of the GLOBAL ELASTIC website ((hereinafter, the Web.)
By placing an order through the Web you agree to be bound by these General Contracting Conditions, by the Conditions of use, by our Privacy Policy, by our Cookies Policy, so if you do not agree with all the Conditions and Policies, you must not contract through this Web page.
All "Terms and Conditions" could be modified. It is your responsibility to read them periodically, since the conditions in force at the time of using the website or concluding the Contract (as defined below) will be those that apply to you.
2-IDENTIFICATION OF THE CONTRACTING PARTIES
These General Contracting Conditions for the products and services offered on the GLOBAL ELASTIC Website (www.globalelastic.com) are subscribed, on the one hand by GLOBAL ELASTIC with CIF B64397433 (Hereinafter, “GLOBAL ELASTIC with address at Crta de Manresa to Berga km 1 Pol. Industrial Sant Isidre, 08272 Sant Fruitós del Bages, Barcelona, Spain.
And, on the other hand, by the professional Client of the Haberdashery sector of the final product / service. Whose data will be provided through the registration form that GLOBAL ELASTIC has made available to you, an essential requirement for making any purchase.
Customer means any legal entity that acquires, uses or enjoys any of the products or services offered by GLOBAL ELASTIC or through the Website or who registers as a Customer of the Website.
The client when registering on the web as a professional client, according to the registration form:
(i) You accept the obligation to provide truthful, accurate and complete information about your identity and legitimacy;
(ii) You accept and understand that the responsibility for the authenticity, accuracy, validity and veracity of the data falls directly and exclusively on itself since GLOBAL ELASTIC has no obligation to verify and does not verify the identity of the Client;
(iii) You acknowledge that you are a professional in the Haberdashery sector and that you have the legal capacity and capacity to act in order to subscribe the products and / or services offered by GLOBAL ELASTIC or through GLOBAL ELASTIC on the Website;
(iv) Understand and accept that they are necessary for the provision of services or for the supply of products contracted or subscribed through the Website
In the event that the Client provides any false, inaccurate or incomplete data or if GLOBAL ELASTIC has reasonable grounds to doubt its veracity, accuracy and integrity, GLOBAL ELASTIC may deny access and / or present or future use of the Site Web or any of its content, products and / or services.
3-PURPOSE OF THE CONTRACT
GLOBAL ELASTIC is a web portal whose activity is to sell to its Clients in the professional Haberdashery sector the best variety of elastics for the sector.
The purpose of the contract is to regulate the commercial relations that arise between GLOBAL ELASTIC and the Clients who subscribe or contract the products and / or services offered by GLOBAL ELASTIC through the Website.
3.1.- TERMS AND CONDITIONS
As has already been explained in the first point of this document, these General Contracting Conditions must be complemented and form an integral part of the Privacy Policy, the Cookies Policy, (hereinafter all this will be jointly referred to as the Terms and Conditions) as well as those Particular Conditions that, if applicable, are applicable.
The Terms and Conditions have been prepared by GLOBAL ELASTIC in accordance with the applicable regulations, especially, in accordance with the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data, the Royal Decree 1720/2007, of December 21, which approves the Regulation of Security Measures for Automated Files that contain Personal Data, Law 34/2002, of July 11, on Information Society Services and of Electronic Commerce and Law 7/1996, of January 15, of Retail Trade Organization and Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16.
3.2.- ACCEPTANCE
The contracting of any of the products and / or services offered by GLOBAL ELASTIC or through GLOBAL ELASTIC on the Website means the acceptance of the Terms and Conditions without reservations by the Client.
3.3.- PRODUCTS AND SERVICES
The products and services that are currently offered from the Web are grouped into:
● Sale of elastics and rigid tapes for the Haberdashery market.
● Customer Service in order to provide technical support in the processes of the Website.
● Without prejudice to the above relationship, GLOBAL ELASTIC informs that the products and / or services offered on the Website are detailed in greater detail on the main page and in each section within the Website.
4.- AVAILABILITY OF PRODUCTS
All product orders are subject to their availability. In this sense, if there are difficulties regarding the supply of products or if there are no items in stock, GLOBAL ELASTIC reserves the right to provide you with information about substitute products of equal or superior quality and value that you can order.
If the Client does not wish to place an order for these substitute products, the Client may choose to wait until the order is complete for its shipment or for the partial or complete cancellation of it.
If the Client makes a partial or complete cancellation of the order, GLOBAL ELASTIC will proceed to refund the amount paid using the same form of payment by which the Client made the same.
5.- NEGATIVE TO PROCESS AN ORDER
GLOBAL ELASTIC reserves the right to withdraw any product from the Web at any time and to remove or modify any material or content on it. GLOBAL ELASTIC agrees to do everything possible to always process all orders, but there may be exceptional circumstances that force you to reject the process after sending the Confirmation, so we reserve the right to do so at any time, at our discretion.
GLOBAL ELASTIC will not be responsible to you or to any third party for the fact of removing any product from the Web, regardless of whether said product has been sold or not, removing or modifying any material or content on the Web, or for denying us to process an order once we have sent you the Order Confirmation.
6.- PRICE OF THE PRODUCTS MARKETED AND VAT
GLOBAL ELASTIC indicates, together with the description of each of the products, the price thereof expressed in euros. The prices that appear next to the product description are in any case prices without including transport or VAT.
6.1 VAT
In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, VAT tax will be applied to items sold in the territory of application of Spanish VAT. The applicable VAT rate will be the one legally in force at any given time depending on the specific article in question.
When the delivery is in another territory outside the Spanish state, it will be in the provisions of the legislation on intra-community or extra-community deliveries.
If the buyer is a company that resides in an EU country, the invoice goes without VAT because it is an intra-community operation and the recipient company will pay the tax in your country. In this case, the receiving company will need to provide an intra-community tax identification number. If the client does not have a valid intra-community tax identification number, VAT must be invoiced at the rate applicable in Spain.
6.2 TRANSPORT COSTS
The transport for the countries of the European Community will not have any cost as long as the purchase amount is higher than the minimum purchase amount (150 Euros). For cases in which the purchase is of a lower amount, the provisions of the following table will apply:
• Orders with a value of 0 to 100 euros - 22.22 euros charge for freight
• Orders of a value of 101 euros to 150 - 9 euros charge for freight
• Orders worth more than 150 euros - free shipping
7.- BILLING AND PAYMENT
GLOBAL ELASTIC will send the Customer an order confirmation email containing all the information related to the order made by the Customer, including the total price and the postal address provided by the Customer where delivery will be made once it has been made. the corresponding payment.
7.1- Payment gateways:<7strong>
The payment gateways available to the consumer Client are the following: PAYPAL AND POS (VISA-MASTERCARD).
Payment of the price made through the payment platforms integrated in GLOBAL ELASTIC will always be under the SSL secure protocol. In any case, and in order to prove the identification, the Client must confirm that the web address of the page from which the payment is made begins with “https: //.”
8.- CONTRACTING PROCESS
According to article 23 of Law 34/2002, of July 11, on services of the information society and electronic commerce, contracts concluded electronically such as this, will be fully effective and are provided for by the legal system, provided that the consent and the other requirements for its validity concur.
These Contract Conditions are available to all GLOBAL ELASTIC Clients freely and free of charge.
Access to the contracting process is completely free, without there being any additional associated costs, apart from those that the Client has an Internet connection. Each and every one of the products offered is duly described in the product sheet that will always be available to customers, not including those issues that have not been expressly indicated in it.
The purchase will be considered valid after the Client clicks on the “Confirm / Pay / OK” button of the corresponding payment gateway chosen by him, it being understood that the monitoring of all phases of the electronic contracting procedure and the inclusion of All the requested data supposes, together with the final express acceptance of these conditions, a clear and direct manifestation of the will of the final Client to accept these General Contracting Conditions.
GLOBAL ELASTIC as provider of Information Society services, will store the electronic order document, in which this contract is formalized. Said electronic order document, as well as the purchase invoice generated, will be accessible to the Client who is duly registered from the "My Account" area.
The language in which the contracting procedure will be processed and in which this contract is formalized will be, unless otherwise indicated, Spanish.
If the purchase process is interrupted for any reason or if the amount paid does not reach the corresponding amount (including management fees and bank fees), GLOBAL ELASTIC will suspend the process informing the Client.
9.- DELIVERY OF THE PRODUCT: ITS PROCEDURE
Notwithstanding the provisions of clause 4 and 5 regarding the availability of products and unless extraordinary circumstances occur, GLOBAL ELASTIC undertakes to do everything possible to make the order available to the Client at the address indicated by him in within 24 to 72 working hours from the moment the order has been prepared and the electronic order confirmation document has been sent.
If there has been a stock break, holidays or any circumstance for which the order should be delayed for a sufficiently reasonable period beyond the established delivery means, GLOBAL ELASTIC will contact the Client to inform them of this.
The Client, once the order has been placed, will receive an order confirmation email with the summary of the order, another payment confirmation email indicating that their payment has been received correctly.
10.- IMPOSSIBILITY OR DIFFICULTIES OF DELIVERY
From the moment the order is ready for delivery, it is the Customer's responsibility to care and do everything possible in order to receive it.
We advise you to provide a preferential delivery time at the time of ordering or to notify GLOBAL ELASTIC promptly if you detect any shipping anomaly.
In the case of shipments by DHL-TIPSA-UPS-SANER-MBE the carrier will make 2 delivery attempts. If a third delivery attempt is necessary, it will be the responsibility of the Client. If the order is returned by the transport agency, the Customer must pay the shipping costs again if he wants the order to be resent.
11.- RIGHT OF WITHDRAWAL
On the merits of the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Clients and other complementary laws, GLOBAL ELASTIC informs Clients: The Client may exercise his right of withdrawal within a maximum period of 14 working days from the moment of receipt of the product.
In accordance with the provisions of article 45 of Royal Decree Law 1/2007, it will not be possible to exercise the right of withdrawal in those cases in which products made or manipulated according to consumer specifications or clearly personalized are acquired, or that, due to their nature, they cannot be returned or they can deteriorate or expire quickly. Regarding the withdrawal process, the Client must meet the following conditions:
FIRST.- The final Customer must inform GLOBAL ELASTIC of their desire to exercise their right of withdrawal within 14 business days of receiving the order, taking into account the following: The customer who will always have previously registered, must enter their customer account and in the "Returns" section follow the instructions for the product they wish to return indicating the reason in the section designated for this purpose.
SECOND.- The Client is obliged to send the packaged product, with its corresponding seal intact and without signs of having been manipulated or opened, directly to the address of GLOBAL ELASTIC once authorized for this purpose. In accordance with the applicable legislation, the costs of returning the product and those arising from the exercise of the right of withdrawal will be exclusively borne by the Client. So the amount reimbursed will be reduced by the return costs.
THIRD.- In the event that GLOBAL ELASTIC detects any kind of tampering or damage, the product in question will be sent to the Customer again by postal delivery against refund, assuming the corresponding shipping costs. In order to exercise the right of withdrawal, the customer must send the product in the form and condition in which it was purchased without having been used and in its packaging, in such a way that any deterioration during transport is impossible, therefore the Customer assumes all the damages that may occur in it and the responsibilities derived from it.
FOURTH.- Once the withdrawal request has been processed, GLOBAL ELASTIC will pay the Client the amount satisfied by it (without including in any case the shipping and handling costs incurred) within a maximum period of 7 days from the moment of receipt of the purchased product. Payment of the aforementioned amount to the Client will be made through the channel used by the Client in his initial payment.
12.- GUARANTEES
The products offered from GLOBAL ELASTIC are original of the brand, with the manufacturer's guarantee and without any defect; all of them with the legally established guarantee terms. In the event of a GLOBAL ELASTIC product defect, the customer must inform GLOBAL ELASTIC of the lack of conformity within 1 month of receiving the product.
In the event that the product purchased has any kind of damage, the Customer may immediately contact GLOBAL ELASTIC customer service, to indicate the product return procedure. At the moment of receiving said product by GLOBAL ELASTIC, after verifying its possible defects, it will proceed to return all the financial amounts paid or to replace the product if the Client wishes.
The return of the products in no case will suppose a direct cost for the Client when it is clearly proven that the defect is the product or attributable to the seller.
13.- CUSTOMER SERVICE
GLOBAL ELASTIC, makes available to customers a customer service, available 5 days a week, Monday through Friday, from 08:00 a.m. at 13:00 p.m. with the aim of responding to questions raised in relation to the products, the purchase of products offered, and where appropriate, possible complaints.
The contact routes made available are:
By phone at: 626919461
Email: info@globalelastic.com
14.- RESPONSIBILITIES
GLOBAL ELASTIC is obliged that the contents, data or information regarding the products offered on its website are reliable, truthful and accurate, taking responsibility for the advertised prices and characteristics. However, it will not be responsible for those information that have been entered, displayed or modified by third parties outside the provider.
All the images inserted in our platform are not contractual, so depending on the manufacturers and tinted they may vary, although we always ensure that the product descriptions are as accurate as possible to reality.
The parties will be liable for the infractions in which they have personally incurred, the opposite party remaining harmless against any error, fault or negligence not attributable to it, and any damage that may be derived from said infractions or errors attributable to the other contracting party.
The parties agree to comply with their legal and contractual obligations generated under this contract.
GLOBAL ELASTIC will not be responsible in case of unavailability of the product or impossibility of delivery due to force majeure, theft or error in the order or data provided by the Client. However, in such cases, GLOBAL LABEL will immediately contact the Client in order to find the best solution to the case.
Provided that the cases referred to are beyond the control and due diligence of the owner, there will be no compensation from GLOBAL ELASTIC to the Client.
15.- PARTIAL NULLITY
If any of these Conditions or any provision of a Contract are declared null and void by firm resolution by the competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
16.- PRIVACY CONDITIONS AND COOKIES
The Privacy Policy and the Cookies Policy apply to this contract, accepted by the Client at the time of registering as a Web User.
17.- MODIFICATION OF THE GENERAL CONDITIONS OF USE, THE CONTRACTING CONDITIONS, THE PRIVACY POLICY AND COOKIES
GLOBAL ELASTIC reserves the right to modify at all times and without prior notice the entire set of conditions, terms, privacy and cookie policies to adapt them to new legislation or jurisprudence as well as to modifications or practices in the industry, owing the User periodically consult these conditions, terms and policies in order to check or make sure of the existence of modifications or changes to them, taking as reference the date of the last update.
18. APPLICABLE LAW AND COMPETENT JURISDICTION
The current regulations will determine the laws that must govern and the jurisdiction that must know the relations between GLOBAL ELASTIC and the Clients. This notwithstanding, in those cases in which said current regulations foresee the possibility for the parties to submit to a specific jurisdiction, GLOBAL ELASTIC and the users, expressly waiving any other jurisdiction that may correspond to them, are subject to Spanish legislation and Courts and Tribunals of Manresa.
You can submit claims by going to the electronic or physical address indicated in the "customer service" section. We are committed to seeking a friendly solution to the conflict.